Subject: Amended procedures for coordinating
EEOICPA Part E benefits with payments received under a state workers’
compensation (SWC) program for the same covered illness.

Background: Part E of the Energy Employees Occupational
Illness Compensation Program Act (EEOICPA) requires the coordination of Part E
benefits with amounts received by a claimant as SWC for the same covered
illness or illnesses compensable under Part E. In some SWC claims, these
amounts take the form of periodic payments, such as a worker’s or widow’s annuity,
that can make calculation of the proper amount of the coordination difficult.
In light of the administrative burden of performing the calculations multiple times
to accommodate periodic payments made under a SWC program, the process for
determining the amount of the required coordination has been simplified, and
the instructions for filling out the “EEOICPA/SWC Coordination of Benefits
Worksheet” (Attachment 1) have been amended slightly, pursuant to the authority
granted by 20 C.F.R. § 30.627 (2005).

Purpose: To provide new procedures for calculating the
required coordination of EEOICPA Part E benefits.

Applicability: All staff.

Actions:

1. Attachment 1 consists of the “EEOICPA/SWC Coordination
of Benefits Worksheet,” which includes amended instructions that will simplify
the calculations that are necessary to determine how much to “coordinate” (reduce)
a claimant’s Part E EEOICPA benefits to reflect payments received under a SWC
program.

2. Previously, the Final Adjudication Branch (FAB)
was required to recalculate the amount of the required coordination if the
claimant was receiving periodic state workers’ compensation, since each
subsequent payment would increase the amount by which the Part E award had to
be reduced. Effective immediately, the FAB is to use the same cut-off date for
determining the amount of state workers’ compensation received that was used by
the claims examiner at the District Office. This cut-off date must be the same
as the date of the recommended decision. This change will enable the FAB to
avoid the current practice of recalculating the amount of the coordination (and
the resulting amount of Part E benefits payable) for one or more payment cycles
in the future.

3. The completed Worksheet is to be attached to the
inside left flap of the claimant’s case jacket.